HomeMy WebLinkAboutResolution 2009 - 12 LHTAC 12th WestLAZERFICHE SCANNING FORM — Please take a minute to fill this
out with key words so the scanners don't have to guess what the document is (it
may make it easier to search for it).
Name 1(who or what the document is about): Shawn Larsen, N14yor
Instrument Type (Circle One): AGREEMENT/CONTRACT, DEEDS, PLANS,
BONDS, APPRAISALS, CLAIMS, LEASES, LICENSES, URANCE, GRANTS,
PROPOSALS/BIDS, BANKRUPTCY, ANNEXATIONS, ORDINANCES,' TAXES,
EASEMENTS, STREET DOCUMENTS, OTHER:T(n�-�
Document Date: 6&pkrnb-eh 24. L09
— I
Location Address: 12 VV GR46 S ,; Hwy 33 Uhl V2(-s,iy lyd.
NAME 2 (another concerned party): G►f V 0 f Rex b ur.
Document Description: Re Oluha- J a� cdeSign and c'0n6frudyn
maoagiern-evrFand In-cpeGt+��n of 12 W GRABS -) Nvvy 33 Uniyer,5riy
Blvd.
RESOLUTION 2009 - 12
WHEREAS, the Local Highway Technical Assistance Council, hereaf�er callthe LHTAC,
has submitted an Agreement stating obligations of the LHTAC and the N ifewfter
called the CITY, for design and construction management and inspection of 12`" West CRABS,-
HWY 33-University Blvd and
00181
WHEREAS, the LHTAC is responsible for obtaining compliance with laws, standards and
procedural policies in the development, construction and maintenance of improvements made to
the said project when there is federal participation under the American Reinvestment and
Recovery Act of 2009 — Title XIV State Fiscal Stabilization Fund in the costs; and
WHEREAS, certain functions to be performed by the LHTAC involve the expenditure
of funds as set forth in the Agreement; and
WHEREAS, the LHTAC can only pay for work associated with the said project, and
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THERFORE, BE IT RESOLVED:
That the Agreement for Federal Aid Project 121h West CRABS; Hwy 33-University
Blvd is hereby approved.
That the Mayor and the City Clerk are hereby authorized to execute the Agreement on
behalf of the CITY.
That duly certified copies of the Resolution shall be furnished to the Local Highway
Technical Assistance Council.
CITY OF REXBURG
Madison County, Idaho
By
Shawn Larsen
Mayor
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution passed at a regular, meeting of the
City Council, CITY OF REXBURG. held on September 16, 2009.
��pW�Nnnrrrunii��
Of .... R
Blair D. Kay
City Clerk
... ...........
r0
u
LHTAC/LOCAL AGREEMENT
(Design and Construction)
12TH WEST CRABS; HWY 33-UNIVERSITY BLVD 8
CITY OF REXBURG
KEY NO. G09604
PARTIES
THIS AGREEMENT is made ar
of N ,
TECH1iI_CkL ASSISTANCE COUNCIL,
CITY OF REXBURG, acting by
Council, hereafter called the
PURPOSE
d entered into this day
by and between the LOCAL HIGHWAY
hereafter called LHTAC, and the
and through its Mayor and City
SPONSOR.
The SPONSOR has requested LHTAC to program a project for federal
participation in the costs of development and construction of
12th West CRABS; Hwy 33-University Blvd within the CITY OF
REXBURG. The funds for this construction are to be provided
from the US Department of Education under the State Fiscal
Stabilization Fund Program - Government Services, which is
authorized under the Title XIV of the American Reinvestment and
Recovery Act of 2009 (ARRA) authorized by the US Congress. This
Agreement sets out the responsibilities of the parties in the
design, construction and maintenance of the project.
Authority for this Agreement is established by Idaho Senate
Bill 1227.
The Parties agree as follows:
SECTION I. GENERAL
1. ARRA Appropriations: This Agreement is entered into
for the purpose of complying with certain provisions of
the Federal -Aid Highway Act in obtaining federal
participation in development and construction of the
project. Funds for this project are being provided
through the State Fiscal Stabilization Fund Program -
Government Services authorized by the US Congress under
the American Recovery and Reinvestment Act (ARRA). It
is understood and agreed that there are limited ARRA
funds available for highway projects. Costs exceeding
those listed in Section I, Paragraph 3 of this
Agreement may require other funding sources and are the
1 LHTAC/Local Agreement (PD & Const)
12`h West CRABS; Hwy 33-University Blvd
Key No. G09604
complete responsibility of the
is further understood that ARRA
apply to all additional funding
SPONSOR to obtain. It
reporting requirements
sources used.
2. Federal participation in the costs of the project will
be governed by the applicable sections of U.S. Code and
rules and regulations prescribed or promulgated by the
proper Authority.
3. ARRA funds will be provided at 100%, with no match
required. Scheduled funding for this project is listed
on LHTAC Website (www.lhtac.org) and subsequent
revisions. Current estimated funding is as follows:
a. Project Development (LHTAC, Consultant, Local) -
$50,000.
b. Right -of -Way - $-0-
c. Utilities - $-0-
d. Construction Engineering - $50,000
e. Construction - $354,000
Total Estimated Project Costs - $454,000
4. ARRA funds require strict compliance to reporting
requirements. Those requirements can be viewed at the
following web site: www.recovery.gov. Such compliance
applies to all entities charging to the project,
including but not limited to LHTAC, the SPONSOR, the
SPONSOR'S design and construction management
consultant, and the contractor constructing the
project. Failure to comply with these reporting
requirements will result in an immediate termination of
the project and a demand for return of all funds.
5. A totally completed Plans, Specifications and Estimate
(PS&E) submittal for all projects must be received at
LHTAC no later than February 15, 2010, to be eligible
for these funds. All items on Idaho Transportation
Department's PS&E Checklist, found in the Idaho
Transportation Department (ITD) Design Manual, must be
completed for participation eligibility. Incomplete
PS&E submittals will render the entire project
ineligible for participation in these funds.
6. This project shall be designed to State Standards as
defined in the current version of the Idaho
Transportation Department's Design Manual, or as
2 LHTAC/Local Agreement (PD & Const)
12" West CRABS; Hwy 33-University Blvd
Key No. G09604
subsequently revised. The current version) o the
Design Manual can be viewed at the following web site:
http://itd.idaho.gov/manuals/ManualsOnline.htm.
7. The location, form and character of all signs, markings
and signals installed on the project, initially or in
the future, shall be in conformity with the Manual of
Uniform Traffic Control Devices as adopted by the ITD.
8. During construction, the latest edition of the Idaho
Transportation Department's Guide for Utility
Management will be followed in all matters relating to
utilities.
9. If the project is terminated prior to completion, the
SPONSOR shall repay to LHTAC all federal funds received
for the project, and shall be liable to LTHAC for any
un-reimbursed incidental expenses as provided for in
Section II, Paragraph 2 of this Agreement.
10. Sufficient Appropriation. It is understood and agreed
that LHTAC is a governmental agency, and this Agreement
shall in no way be construed so as to bind or obligate
LHTAC beyond the term of any particular appropriation
of funds by the Federal Government or the State
Legislature as may exist from time to time. LHTAC
reserves the right to terminate this Agreement if, in
its sole judgment, the Federal Government or the
legislature of the State of Idaho fails, neglects or
refuses to appropriate sufficient funds as may be
required for LHTAC to continue payments. Any such
termination shall take effect immediately upon notice
and be otherwise effective as provided in this
Agreement.
SECTION II. That LHTAC will:
1. Enter into any Agreement that may be required with the
US Department of Education covering eligible project
costs.
2. Provide the following services incidental to the
project development:
a) Assist SPONSOR in the selection of a Consulting
Engineer and negotiations as needed, and furnish the
3 LHTAC/Local Agreement (PD & Const)
12`h West CRABS; Hwy 33-University Blvd
Key No. G09604
Agreement for Engineering and Construction
Management and Inspection Services and any
supplements thereto, to be used between the SPONSOR
and Consultant Engineer(s) on this project.
b) Review Preliminary Environmental Evaluation,
recommend other appropriate environmental
documentation and submit to the proper Authority for
approval.
c) Review the designing engineers' plans, estimates,
reports and environmental studies, and issue notice
of approval to the SPONSOR and the Engineer
following the Concept, Preliminary and Final Design
Reviews and the Design Study Report.
d) Print and assemble plans, special provisions,
specifications and contract.
e) Upon receipt of appropriate documentation from the
SPONSOR showing expenditure of funds for project
development, reimburse the SPONSOR for all eligible
costs at the rate of one hundred percent (100%).
3. Publish unofficial advertisement for construction
contract, open bids, and prepare a contract estimate
of cost based on the successful low bid and notify the
SPONSOR thereof.
4. Award a contract for construction of the project,
based on the successful low bid, if it does not exceed
the estimate of cost of construction by more than ten
(10) percent. IF the low bid exceeds the estimate by
more than 100, the bid will be evaluated, and if
justified, the contract will be awarded and the
SPONSOR will be notified.
5. Provide to the SPONSOR sufficient copies of Contract
Proposal, Notice to Contractors, and approved
construction plans.
6. Designate a resident engineer and with the assistance
of the SPONSOR select other personnel, as necessary,
to supervise and inspect construction of the project
in accordance with the plans and specifications in the
manner required by applicable state and federal
regulations. This engineer, or his authorized
4 LHTAC/Local Agreement (PD & Const)
12`" West CRABS; Hwy 33-University Blvd
Key No. G09604
01.8,,1
representatives, will prepare all monthly and final
contract estimates and change orders, and submit all
change orders to the SPONSOR for their concurrence.
7. Maintain complete accounts of all project funds
received and disbursed, which accounting will
determine the final project costs.
8. Upon completion of the project, after all costs have
been accumulated and the final payment reimbursed by
LHTAC, provide a statement to the SPONSOR summarizing
the estimated and actual costs utilized for the
project.
SECTION III. That the SPONSOR will:
1. Certify that the development of this project has met
all Federal -aid requirements as outlined in the Idaho
Transportation Department's Design Manual. Should it
be determined that Federal -aid procedures were not
followed during development of the project, the
SPONSOR will be responsible for One Hundred Percent
(1000) of all project costs.
2. With the assistance of the LHTAC, hire a consulting
engineer for design and construction management and
inspection of the project.
3. Make timely payment of all consultant and contractor
invoices throughout the design and construction of the
project. Periodically the SPONSOR may submit
allowable invoices and receipts to LHTAC showing
payment of same. LHTAC will reimburse the SPONSOR for
eligible expenses.
4. Advertise for required formal public hearings and
provide a hearing officer to conduct the hearings.
5. Publish advertisement in the SPONSOR'S paper of record
for the construction contract per state of Idaho
requirements.
6. Acquire all rights -of -way and easements needed to
provide for construction and maintenance of the
project.
5 LHTAC/Local Agreement (PD & Const)
12`h West CRABS; Hwy 33-University Blvd
Key No. G09604
001811
7. Furnish all appraisals required for the project to the
LHTAC for review.
8. Review the appraisal reviewer's statement of the
estimated fair market value and approve an amount to
be just compensation for each parcel to be acquired.
9. Complete a monthly right-of-way status report, ITD-
2161, and forward it to the LHTAC.
10. Before initiating negotiations for any real property
required for right-of-way, establish an amount
considered to be just compensation, under Idaho law,
and make a prompt offer to acquire the property for
the full amount established.
11. Make a good faith effort to acquire the real property
by negotiation.
12. Inform the property owner, in those cases where he
indicates a willingness to donate a portion of his
real property for rights -of -way, of all the facts
including his right to full compensation in money for
land and damages, if any, in accordance with Idaho
Code.
13. Provide relocation assistance and payments for any
displaced person, business, farm operation, or
nonprofit organization in accordance with the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970; 49 CFR 24; 23 CFR 710; the Idaho
Real Property Acquisition Act of 1971; Title 40,
Chapter 20; and Title 58, Chapter 11; Idaho Code, as
amended, and regulations promulgated thereunder. No
individual or family shall be displaced until decent,
safe and sanitary replacement housing is available to
the relocatees for immediate occupancy. In addition,
advise the LHTAC of any relocations required by the
project and negotiate all relocation assistance and
payments, the cost of which will be assumed by the
SPONSOR at the time of negotiation.
14. To the greatest extent practicable, no person lawfully
occupying the real property shall be required to move
from his home, farm or business without at least
ninety (90) days written notice prior to advertisement
of the project.
6 LHTAC/Local Agreement (PD & Const)
121h West CRABS; Hwy 33-University Blvd
Key No. G09604
001811
15. Before advertisement for bids, provide a certification
that all rights -of -way, easements, permits, materials
sources and agreements necessary for the construction
of the project have been acquired.
16. Evaluate the impact the project might have on the
quality of the human environment and prepare and
furnish to the LHTAC an environmental evaluation,
which includes cultural resources, and any other
documents required by the National Environmental
Policy Act.
17. At all required public hearings, furnish all necessary
exhibits and provide for a representative of the
SPONSOR to describe the project; present information
about the location and design, including alternates;
discuss the tentative schedules for rights -of -way
acquisitions and construction; discuss the economic,
sociological, and environmental effects of the
project; and answer all questions concerning the
project.
18. Authorize the SPONSOR's consultant to administer
construction of the project and recommend any
necessary changes and decisions within the general
scope of the plans and specifications. Prior approval
of the SPONSOR will be obtained if it is necessary,
during the life of the construction contract, to
deviate from the plans and specifications to such a
degree that the costs will be increased or the nature
of the completed work will be significantly changed.
19. The SPONSOR will accept the responsibility of any
project costs over the allotted limit for this project
which is $454,000. All change orders, and quantity
variations which may affect the total cost. Additional
ARRA funds will not be available.
20. The SPONSOR will designate an authorized
representative to act on the SPONSOR'S behalf
regarding action on change orders. That authorized
representative's name is
Mr,
Phone No.
21. When change orders are submitted by the SPONSOR's
7 LHTAC/Local Agreement (PD & Const)
12`" West CRABS; Hwy 33-University Blvd
Key No. G09604
18
�I!
consultant for
approval pursuant to
Se0cti0on
Paragraph 6,
the SPONSOR or its
authorized
representative
shall give approval of same as soon
as
possible, but
no later than ten (10) calendar days
after receipt
of the change order. If
approval
is
delayed, any
claims due to that delay
shall be
the
responsibility
of the SPONSOR.
22. Maintain the project upon completion. Such
maintenance includes, but is not limited to,
preservation of the entire roadway surface, shoulders,
roadside cut and fill slopes, drainage structures, and
such traffic control devices as are necessary for its
safe and efficient utilization.
23. Comply with Appendix A, Title 49 CFR, Part 21,
attached hereto and made a part hereof. By this
agreement SPONSOR agrees to comply with and be bound
to the Civil Rights provisions of Title VI of the
Federal Code and to generally insert those provisions
in all contracts that it enters into that are
federally funded on this project.
24. Maintain all project records, including source
documentation for all expenditures and in -kind
contributions, for a period of three (3) years from
the date of final acceptance for inspection and
auditing by duly authorized personnel, including the
U.S. Inspector General. If any litigation, claim,
negotiation, or audit has been started before
expiration of the three-year period, the records shall
be retained until completion of the action and
resolution of all issues that arise from it.
25. Comply with all other applicable State and Federal
regulations.
26. Indemnify, save harmless, and defend, regardless of
outcome the LHTAC from expenses of, and against suits,
actions, claims, or losses of every kind, nature, and
description, including costs, expenses, and attorney
fees that may be incurred by reason of any negligence
or wrongful act of the SPONSOR in the work which is
the subject of this Agreement.
8 LHTACILocal Agreement (PD & Const)
12t" West CRABS; Hwy 33-University Blvd
Key No. G09604
F.yv.rTTTT0W
001811
This Agreement is executed for LHTAC by the Local Highway
Administrator, and executed for the SPONSOR by the Mayor,
attested to by the City Clerk, with the imprinted corporate seal
of the CITY OF REXBURG.
LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL
APPROVED BY:
Local Hig way Administrator
ATTEST: CITY OF REXBURG
\X�
meeting
on
hm : LLA PD CONST.docx
Mayor
9 LHTAC/Local Agreement (PD & Const)
12"' West CRABS; Hwy 33-University Blvd
Key No. G09604
APPENDIX A
Non -Discrimination Agreement for Local Public Agencies
Title VI Program '(01
811
Organization and Staffing
Pursuant to 23 CFR 200, CITY OF REXBLTRG has designated a Title VI Coordinator who is
responsible for monitoring practices, procedures, policies, and documents for compliance with Title VI.
This individual is the designated liaison for Title VI program activities and for coordinating compliance
monitoring with the Local Highway Technical Assistance Council Equal Employment Opportunity
Representative.
Assurances
49 CFR Part 21.7
The Sponsor hereby gives assurances:
That no person shall on the grounds of race, color, or national origin, be excluded from participation in,
be denied the benefits of, or be otherwise subjected to discrimination under any program or activity
conducted by the Sponsor regardless of whether those programs and activities are Federally funded or not.
The Federal -aid Highway Transportation Act of 1973 added sex to the list of prohibitive factors.
Disability was added through Section 504 of the Rehabilitation Act of 1973. Age was subsequently added
in 1975 under the Age Discrimination Act. Minority populations and low-income populations were
added by Presidential Executive Order 12898. Limited English proficient persons was added by
Presidential Executive Order 13166. Activities and programs which the Sponsor hereby agrees to carry
out in compliance with Title VI and these related statutes include, but are not limited to:
• List all major Transportation programs and activities of the Sponsor and Title VI responsibilities for
each one of them (label Attachment 2).
2. That it will promptly take any measures necessary to effectuate this agreement.
3. That each Transportation program, activity, and facility (i.e. lands change to roadways, park and ride lots
etc.) as defined at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with
regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance
with the nondiscriminatory requirements imposed by, or pursuant to, this agreement.
4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal
grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date
hereof to the Sponsor by the Local Highway Technical Assistance Council (LHTAC) under the Federally -
Funded Program and is binding on it, other recipients, subgrantees, contractors, sub -contractors,
transferees, successors in interest and other participants. The person or persons whose signatures appear
below are authorized to sign these assurances on behalf of the Sponsor.
5. That the Sponsor shall insert the following notification in all solicitations for bids for work or material
subject to the Regulations and made in connection with all Federally -Funded programs and, in adapted
form all proposals for negotiated agreements: The (Sponsor), in accordance with Title VI of the Civil
Rights Act of 1964, 78 Stat. 252, 42 U.S. C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in
Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this
advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full
opportunity to submit bids in response to this invitation and will not be discriminated against on the
grounds of race, color, national origin, or sex in consideration for an award.
6. That the Sponsor shall insert the clauses of Attachment 1 of this Agreement in every contract subject to
the Act and the Regulations.
That the Sponsor shall insert the clauses of Attachment 2 of this Agreement, as a covenant running with
the land, in any deed from the United States effecting a transfer of real property, structures, or
improvements thereon, or interest therein.
8. The Sponsor agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this agreement.
Implementation Procedures
This agreement shall serve as the Sponsor's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21.
For the purpose of this agreement, "Federal Assistance" shall include:
1. grants and loans of Federal funds,
2. the grant or donation of Federal property and interest in property,
3. the detail of Federal personnel,
4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property
or any interest in such property without consideration or at a nominal consideration, or at a consideration
which is reduced for the purpose of assisting the Sponsor, or in recognition of the public interest to be
served by such sale or lease to the Sponsor, and
any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of
assistance.
The Sponsor shall:
1. Issue a policy statement, signed by the Sponsor's authorized representative, which expresses it's
commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated
throughout the Sponsor's organization and to the general public. Such information shall be published
where appropriate in languages other than English.
Take affinnative action to correct any deficiencies found by LHTAC or other responsible Federal Agency
within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in
accordance with this agreement. The Sponsor's authorized representative shall be held responsible for
implementing Title VI requirements.
3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the
Sponsor's authorized representative. The Title VI Coordinator shall be responsible for initiating and
monitoring Title VI activities and preparing required reports.
4. The Title VI Coordinator shall adequately implement the civil rights requirements.
Process complaints of discrimination consistent with the provisions contained in this agreement.
Investigations shall be conducted by civil rights personnel trained in discrimination complaint
investigation. Identify each complainant by race, color, national origin or sex, the nature of the complaint,
the date the complaint was filed, the date the investigation was completed, the disposition, the date of the
disposition, and other pertinent information. A copy of the complaint, together with a copy of the
Sponsor's report of investigation, will be forwarded to LHTAC Office — External Programs within 10
days of the date the complaint was received by the Sponsor.
6. Collect statistical data (race, color, national origin, sex) of participants in, and beneficiaries of the
Transportation programs and activities conducted by the Sponsor.
7. Conduct Title VI reviews of the Sponsor and sub -recipient contractor/consultant program areas and
activities. Revise where applicable, policies, procedures and directives to include Title VI requirements.
8. Attend training programs on Title VI and related statutes conducted by Idaho Transportation
Department's EEO Office as needed.
9. Prepare a yearly report of Title VI accomplishments for the last year and goals for the next year. This
report is due one year from the date of approval of the Non -Discrimination Agreement and then annually
on the same date.
a) Annual Work Plan
Outline Title VI monitoring and review activities planned for the coming year; state by which
each activity will be accomplished and target date for completion.
b) Accomplishment Report
List major accomplishments made regarding Title VI activities. Include instances where Title VI
issues were identified and discrimination was prevented. Indicate activities and efforts the Title
VI Coordinator and program area personnel have undertaken in monitoring Title VI. Include a
description of the scope and conclusions of any special reviews (internal or external) conducted
by the Title VI Coordinator. List any major problem(s) identified and corrective action taken.
Include a summary and status report on any Title VI complaints filed with the Sponsor.
Discrimination Complaint Procedure
Any person who believes that he or she, individually, as a member of any specific class, or in connection with any
disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights
Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of
1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A
complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the
Sponsor's Title VI Coordinator for review and action.
In order to have the complaint consideration under this procedure, the complainant must file the complaint no
later than 180 days after:
a) The date of alleged act of discrimination; or
b) Where there has been a continuing course of conduct, the date on which that conduct was
discontinued.
In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest
of justice, specifying in writing the reason for so doing.
Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative.
Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination.
In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor,
the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the
person in reducing the complaint to writing and submit the written version of the complaint to the person for
signature. The complaint shall then be handled according to the Sponsor's investigative procedures.
Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of
action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress
available, such as United States Department of Education (USDOE).
The Sponsor will advise LHTAC within 10 days of receipt of the allegations. Generally, the following
information will be included in every notification to LHTAC:
a) Name, address, and phone number of the complainant.
b) Name(s) and address(es) of alleged discriminating official(s).
c) Basis of complaint (i.e., race, color, national origin or sex)
d) Date of alleged discriminatory act(s).
e) Date of complaint received by the Sponsor.
f) A statement of the complaint.
g) Other agencies (state, local or Federal) where the complaint has been filed.
h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in the
complaint.
Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the
information obtained, will render a recommendation for action in a report of findings to the Sponsor's authorized
representative. The complaint should be resolved by informal means whenever possible. Such informal attempts
and their results will be summarized in the report of findings.
Within 90 days of receipt of the complaint, the Sponsor's authorized representative will notify the complainant in
writing of the final decision reached, including the proposed disposition of the matter. The notification will advise
the complainant of his/her appeal rights with LHTAC, if they are dissatisfied with the final decision rendered by
the Sponsor. The Title VI Coordinator will also provide LHTAC with a copy of this decision and summary of
findings upon completion of the investigation.
Contact for the Title VI administrative jurisdiction is as follows:
Local Highway Technical Assistance Council
Equal Employment Opportunity Office — External Programs
Vicki Courtois, EEO Representative
3330 Grace Street
Boise, ID 83703
208-344-0565
Sanctions
In the event the Sponsor fails or refuses to comply with the terms of this agreement, the LHTAC may take any or
all of the following actions:
1. Cancel, terminate, or suspend this agreement in whole or in part;
2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or
refusal occurred until satisfactory assurance of future compliance has been.received from the Sponsor.
3. Take such other action that may be deemed appropriate under the circumstances, until compliance or
remedial action has been accomplished by the Sponsor.;
4. Refer the case to the Department of Justice for appropriate legal proceedings.
Distribution: LHTAC - EEO Office
Attachment 1
This Attachment is to be inserted in every contract subject to Title VI of the Civil Rights Act of 1964 and associated
Regulations.
During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations
The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United
States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended
from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a
part of this contract.
2. Non-discrimination
The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race,
color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and
leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a
sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall
be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non-
discrimination on the grounds of race, color, sex, or national origin.
4. Information and Reports
The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,
and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be
determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the contractor shall so certify to LHTAC or the United States
Department of Education (USDOE) as appropriate, and shall set forth what efforts it has made to obtain the information.
5. Sanctions for Non-compliance
In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting
agency shall impose such contract sanctions as it or the USDOE may determine to be appropriate, including, but not
limited to:
• Withholding of payments to the contractor under the contract until the contractor complies, and/or;
• Cancellation, termination, or suspension of the contract, in whole or in part
Incorporation of Provisions
The contractor shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of
materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The
contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOE
may direct as a means of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub-
contractor or supplier as a result of such direction, the contractor may request LHTAC enter into such litigation to protect
the interests of the LHTAC and, in addition, the contractor may request the USDOE enter into such litigation to protect
the interests of the United States.
Attachment 2
The following clauses shall be included in any and all deeds affecting or recording the transfer of real
property, structures or improvements thereon, or interest therein from the United States.
GRANTING CLAUSE
NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition
that the state of Idaho will accept title to the lands and maintain the project constructed thereon, in
accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid
for Highways and the policies and procedures prescribed by the United States Department of
Transportation and, also in accordance with and in compliance with all requirements imposed by or
pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office
of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of
Transportation ITD (hereinafter referred to as the Regulations) pertaining to and effectuating the
provisions of Title VI of the Civil Rights Act of 1064 (78 Stat. 252: 42 USC 2000d to 2000d - 4) does
hereby remise, release, quitclaim, and convey unto the state of Idaho all the right, title, and interest of
the Department of Transportation in and to said land described in Exhibit A attached hereto and made
a part thereof.
HABENDUM CLAUSE
TO HAVE AND TO HOLD said lands and interests therein unto the state of Idaho, and its successors
forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained
as follows, which will remain in effect for the period during which the real property or structures are
used for a purpose for which the federal financial assistance is extended or for another purpose
involving the provisions of similar services or benefits and shall be binding on the state of Idaho, its
successors, and assigns.
The state of Idaho, in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree as a covenant running with the land for itself, its successors and assigns,
that (1) no person shall on the grounds of race, color, sex or national origin, be excluded from
participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any
facility located wholly or in part on, over, or under such lands hereby conveyed (,)(and)* (2) that the
state of Idaho, shall use the lands and interests in lands so conveyed, in compliance with all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted
programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of
1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the
above mentioned non-discrimination conditions, the department shall have a right to reenter said
lands and facilities on said land, and the above described land and facilities shall thereon revert to and
vest in and become the absolute property of the Department of Transportation and its assigns as such
interest existed prior to this instruction.'
' Reverter Clause and related language to be used only when it is determined that such a clause is
necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964.
RESOLUTION
WHEREAS, the Local Highway Technical Assistance Council, hereafter called the LHTAC, has submitted an
Agreement stating obligations of the LHTAC and the <Sponsor>, hereafter called the CITY, for design and
construction management and inspection of 12th West CRABS, Hwy 33-University Blvd and
WHEREAS, the LHTAC is responsible for obtaining compliance with laws, standards and procedural policies in
the development, construction and maintenance of improvements made to the said project when there is federal
participation under the American Reinvestment and Recovery Act of 2009 - Title XIV State Fiscal Stabilization
Fund in the costs; and
WHEREAS, certain functions to be performed by the LHTAC involve the expenditure of funds as set
forth in the Agreement; and
WHEREAS, The LHTAC can only pay for work associated with the said project; and
WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED:
That the Agreement for Federal Aid Project 12th West CRABS; Hwy 33-University
Blvd is hereby approved.
2. That the Mayor and the City Clerk are hereby authorized to execute the Agreement on behalf of
the CITY.
That duly certified copies of the Resolution shall be fiunished to the Local Highway Technical
Assistance Council.
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution passed at a regular, duly called special (X-out non -
applicable term) meeting of the City Council, CITY OF REXBURG, held on O 9- 16 - anng ,
nnR��&
\��.:..... ....
V) PORE
%SEAL.:
,.o......gv
City Clerk